Daily Republican., 1887-12-19
This Mornings Cvurt

Ine superior Court resume ed procee5.
,nRs tLls morning With the Chief Ju..
tlce ana Associate Juiees Houston ana
rayntr present Immedi AtaIy rfI.r
the opening the jury 10 the case Of 0en
T.. or, VS.. Spechs q Spain. vtra
charged by Judge Houston, who said
that the main question 10 this case vna
Mht ther the machinery, a. 1t Ia placed
In the building, has become rsai prun
srty. This is q question OF Law and
iact; u II 10 part OF tho real propsttv.
the action OF replevin cannot ot eourse
oe maintained, But suoh property can
90 considesed as remaining personal
properly tof 81 least limited term, o.
oy the contract which has been pro.
duced the plaintiff reversed the riaht of
possession OF this property, for ths
period OF seven months, and the right
TO remove 1t. II the defendant deisnlt.
cd In bis payments. There is no doub,
brt this machinery was persoual prop.
eIty at the time the pistntir took out
his writ OF repleyiu.
The defendant IN giving n property
bond recognized that II was personal
properly. The Judge said that he
wished II understood that the rulings OF
She Court In the case OF Matthew VS..
smith did not apply TO this case, as th Ia
vas sn action between tho original par.
ties TO the contract, and that the pro
csedings therein were not unreasonably
delayed. The charge WAS flashed At
10 60 o'clock and the jury retired. They
returned Al IL 40 clock with o verdict
for the plAantiff for ta,24o so.
Another Jury WAS then drawn and
, the case OF Duncan Brothers W. l. p.
Buck and James II. Shoemaker was
taken up for trial, with Hoffecker H.
Honecker for the plaintiffs and John
son & Hayes for the defendants. This
In another and the third mecbanics'
lien suit against the Academy OF Mu.
sic, and 10 brought to recover 1924 81
for hard ware sEd other articles, which,
, 1t Is claimed, wers furnished by this
plaintiff for use In constructing the
Academy OF mu'ic
, The CASE was stated TO tho Jury by j
II. Hotocker, ED after which he
, cunme4ctd The examination OF wit
nessrs
Henry G. D1nean testified hat he is
h mem Der OF the tifm OF DuuCau Bros
de enumerated TIE goods furnish ed
aud saii tnat ttay we're soid 70 tho de
: iouhsLts on the credit OF the building.
waiter simmons testified that he Is =
! clerk ;or duncan Brothers. At thi,
i poiLt hr Hon casr stated that he haC
: called this wltntG- 10 corroborate Mr.
DuHcAn's testim my and TO prove The
ooks, out a. the cr'eGdAnts waived Al
ohJec. .iou 10 the BOOKS tie witness wa
"a wIILiEa~n.
: Ills wnS tho last witness called 70
The p.AiAtlhE, anu MIR. Hayes moved
: tIr nob-su!y Gu tho ercuud that II
GaTr stated that tlit SA1 suit aRaius
Buck am Shoemaker as iudiridua!s
u ~hsrsas the p,aiutih testified that b
had cold then the goods hs Back
Shoemaker, "a dompAny. Th4 m8ticI
'Of LDn.sQtt wab denied, aud MI
Hay es opeuGi the case for iho de'euse
nj l,AaC A. Ei2hier wss sworn, ana ties
n 70 'hat lac 10 q btage caTpeater an
Tod u t4e scenery At TO a Jadeny 4
hutic. He used good biI Cfthe hard
5 waEe ob Alusd iTGm Duncan & Bros. Il
m h.luE tE.s work, some OF which 10 fAsl
Hled - tho building.
Wlnialn J BIaug In testified that b
q Sa cGutrEct for the erection OF ID
Y Il ,Aurmy OF Mn-ic The bardwsr
l. ed IN the building was furnished b
the Gspolle h ard wSTe OcmpAnJ
III; II jJTH were ali down, Au
: the Ioof on ty January Lea, lSSl
JAm.B II Shoemaker Jsstlfed tna
no ISttth bh bdNthu pEDLhHfb III ~
usui BAT, 1855, ana asked hIm II Ut
rydit Of l. = Buck was good for sOIn
q nArdwArs He replied tual IL Wa, a
he Lad been IuHuiLR Bn account wlt
q nin fur suns U.ne. TIC gyUds wtr
boI At IN the uaue Uf l.. l.. Buck an
Company
/, TT defense rested with this wttnei
AM II nry Il. Du can was teCAtled /
J TcbC.ta.. He testified thst no cyEve
sauGn, tuch a. Mf. Shoemaker tes.ihs
I had vrr eaAeu place between then
} . q Ast iustsa OF the goods bsing SOL
!, Ju Buez 3 Crsal, they were sold on T.
CO DIT Of IL" autidinR.
- Tnls closed Ihe case and as there wei
o' sevctal .rtilles IN Jha blll os pArtic'
. las to which objection was inside, be
HeIe ntIisEtn out. and the AM unt {.
o ~hicN MIR H.tiuuker asked verdi
VIA t21o ~ Tae Case was submitte
with ut argument, sud the jury retire
d a, II As rney re,prGsl In dye mil
u es 0i b n verdict III favor of Il
q pis t II S21e.0S.
A o',lJck .ourt took o recess unit
3 o'clock t1IB afternoon.